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Patna High CourtCWJC/13090/2015disposed

Suman Mahato v. The State Of Bihar And ORS

2025-07-08Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13090 of 2015 ====================================================== Suman Mahato Son of late Chulhan Mahato resident of Village-Ekara, P.s Hajipur sadar ,District Vaishali.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Commissioner, Darbhanga.

3.

District Magistrate, Vaishali.

4.

District Land Acquisition Officer, Vaishali.

5.

A.D.M Vaishali, Hajipur.

6.

Director, N.H. W.A. Of India,New Delhi.

7.

Regional Director, N.H.W.A. Bihar Patna.

8.

Zonal Manager, E.C. Rly, Hajipur.

9.

D.R.M. E.C.Rly Division Office, Sonepur Saran. 10.

Ashok Singh son of late Chandradeep Singh Resident of Village- Sonepur ,P.s Sonepur District Saran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Mishra, Advocate :

Mr. Amit Prakash, Advocate :

Mr. Jitendra Kumar, Advocate For the State :

Mr. Sarvesh Kumar Singh, AAG-13 For the Respondent :

Mr. Anshay Bahadur Mathur, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-07-2025 Heard the parties.

2. The present petition has been preferred for the grant of following relief(s):

(I) To direct the respondent authorities to provide the compensation amount as per the highest rate of Government Rs.1,75,000/- per dec. as weel as in the light of the judgment of

Patna High Court CWJC No.13090 of 2015(4) dt.08-07-2025 2/3 Hon'ble Supreme Court regarding the payment of compensation must be adequate, sufficient and satisfactory with compound interest.

(II) To provide compound interest on delay payment of about 20 years with litigation charges.

(III) To provide the compensation as per the present rate i.e. Rs.1,75,000/- per dec. and compensation must be provided in the light of the judgment of the Hon'ble Supremen Court.

(IV) Any other relief/reliefs for which the petitioner is entitled for.

3. A counter affidavit has come on behalf of the District Land Acquisition Officer, Vaishali and the respondents have in principle accepted the claim of the petitioner. Paragraph no. 10 records that notice was issued to them but they refused to accept it. They were also also directed through the newspaper but to no avail.

4. Further, paragraph no. 23 records that they are not responsible for the delay in payment and are always ready to make payment of compensation amount who failed to appear before the said office.

Patna High Court CWJC No.13090 of 2015(4) dt.08-07-2025 3/3

5. Confronted with the said statement, learned counsel for the petitioner submits that the claimant shall be appearing before the office of District Land Acquisition Officer, Vaishali at Hajipur on 28.07.2025 at 12 PM whereafter the concerned officer shall be free to fix a date so that the claimant can submit their documents to show bonafide and accept the compensation amount.

6. It is made clear that the order has been passed in the presence of learned counsel for the petitioner, the State as also the learned Central Government counsel.

7. The writ petition stands disposed of with the aforesaid observation.

8. Interlocutory Application, if any, pending stands disposed of.

(Rajiv Roy, J) vinayak/- U